EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0855*
SENATE BILL 855
K3 5lr2861
CF HB 958
By: Senators Ellis, Muse, Augustine, and Lam
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Railroads – Safety Requirements 2
(Maryland Railway Safety Act of 2025) 3
FOR the purpose of establishing requirements and prohibitions related to the operation of 4
railroads in the State, including provisions related to the size of the crew, blocking 5
of railroad and highway grade crossings, the length of trains operating on a main or 6
branch line, wayside detectors, and investigations by railroad labor union 7
representatives; requiring the Commissioner of Labor and Industry to establish and 8
maintain a reporting system regarding the transportation of hazardous materials 9
and waste by rail in the State; and generally relating to safety requirements for 10
railroads. 11
BY adding to 12
Article – Labor and Employment 13
Section 5.5–110(e), (f), and (g), 5.5–110.1, 5.5–111.1, and 5.5–113.1 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Labor and Employment 19
5.5–110. 20
(E) (1) THIS SUBSECTION APPLI ES TO A TRAIN OR LIG HT ENGINE USED IN 21
CONNECTION WITH THE MOVEMENT OF RAILROAD FREIGHT. 22
(2) THIS SUBSECTION DOES NOT APPLY TO A TRAIN OR LIGHT ENGINE 23
USED IN CONNECTION W ITH THE MOVEMENT OF RAILROAD FREIGHT INV OLVING: 24 2 SENATE BILL 855
(I) HOSTLER SERVICE ; OR 1
(II) UTILITY EMPLOYEES IN YARD SERVICE. 2
(3) A TRAIN OR LIGHT ENGIN E USED IN CONNECTION WITH THE 3
MOVEMENT OF RAILROAD FREIGHT MAY NOT BE O PERATED IN THE STATE UNLESS 4
THE TRAIN OR LIGHT E NGINE HAS A CREW OF AT LEAST TWO INDIVIDUALS . 5
(4) (I) A PERSON WHO WILLFULLY VIOLATES THIS SUBSEC TION IS 6
SUBJECT TO A CIVIL P ENALTY ASSESSED BY T HE COMMISSIONER OF : 7
1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 8
SUBPARAGRAPH , A FINE NOT TO EXCEED $10,000; OR 9
2. IF THE PERSON PREVIO USLY COMMITTED A WIL LFUL 10
VIOLATION WITHIN THE IMMEDIATELY PRECEDIN G 3 YEARS, A FINE NOT TO EXCEED 11
$25,000. 12
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 13
PARAGRAPH , A RAILROAD COMPANY S HALL BE SOLELY RESPO NSIBLE FOR THE 14
ACTIONS OF ITS AGENTS OR EMPL OYEES WHO VIOLATE TH IS SUBSECTION. 15
(F) (1) THIS SUBSECTION DOES NOT APPLY WITH RESPE CT TO A 16
PASSENGER TRAIN WHIL E THE TRAIN IS BOARD ING OR DISCHARGING P ASSENGERS. 17
(2) A RAILROAD COMPANY MAY NOT BLOCK A RAILROAD GRADE 18
CROSSING OR HI GHWAY GRADE CROSSING WITH A STANDING TRAI N FOR MORE THAN 19
5 MINUTES. 20
(3) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 21
SUBJECT TO A CIVIL F INE NOT EXCEEDING $5,000 FOR EACH VIOLATION T O BE 22
ASSESSED BY THE COMMISSIONER . 23
(G) (1) A RAILROAD COMPANY MAY NOT OPERATE A FR EIGHT OR WORK 24
TRAIN THAT EXCEEDS 8,500 FEET IN LENGTH ON A MAIN TRACK OR BRANCH LINE. 25
(2) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 26
SUBJECT TO A CIVIL F INE NOT EXCEEDING $10,000 FOR EACH VIOLATION T O BE 27
ASSESSED BY THE COMMISSIONER. 28
5.5–110.1. 29
(A) THE COMMISSIONER SHALL ES TABLISH AND MAINTAIN A REPORTING 30 SENATE BILL 855 3
SYSTEM REGARDING THE TRANSPORTATION OF HA ZARDOUS MATERIALS AN D WASTE 1
BY RAIL IN THE STATE. 2
(B) (1) INFORMATION IN THE RE PORTING SYSTEM MAY N OT BE 3
PROVIDED TO THE PUBL IC AND IS NOT SUBJEC T TO DISCLOSURE UNDE R THE 4
PUBLIC INFORMATION ACT. 5
(2) THE COMMISSIONER SHALL MA KE INFORMATION CONTA INED IN 6
THE REPORTING SYSTEM AVAILABLE TO: 7
(I) THE MARYLAND DEPARTMENT OF EMERGENCY 8
MANAGEMENT ; AND 9
(II) THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 10
5.5–111.1. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “EQUIPMENT DEFECT ” MEANS: 14
(I) A HOT WHEEL; 15
(II) A HOT WHEEL BEARING; 16
(III) A DEFECTIVE WHEEL BE ARING DETECTED THROU GH 17
ACOUSTICS; 18
(IV) DRAGGING EQUIPMENT ; 19
(V) EXCESSIVE TRAIN CAR HEIGHT OR WEIGHT ; 20
(VI) A SHIFTED LOAD ; 21
(VII) A LOW AIR HOSE; 22
(VIII) A RAIL TEMPERATURE D EFECT; OR 23
(IX) A WHEEL CONDITION DEFECT . 24
(3) “WAYSIDE DETECTOR SYST EM” MEANS AN ELECTRONIC DEVICE 25
OR A SERIES OF CONNE CTED OR NETWORKED DE VICES THAT SCAN PASS ING TRAINS, 26 4 SENATE BILL 855
ROLLING STOCK , AND ON–TRACK EQUIPMENT FOR DEFECTS. 1
(B) THIS SECTION APPLIES ONLY TO A RAILROAD C OMPANY THAT OWNS OR 2
IS OTHERWISE RESPONS IBLE FOR A RAILROAD TRACK THAT THE FEDERAL 3
RAILROAD ADMINISTRATION HAS DE SIGNATED CLASS IV OR GREATER. 4
(C) (1) EACH RAILROAD COMPANY SHALL INSTALL A WAYS IDE DETECTOR 5
SYSTEM ON RAILROAD T RACKS OWNED OR OTHER WISE UNDER THE RESPO NSIBILITY 6
OF THE RAILROAD COMP ANY THAT THE FEDERAL RAILROAD ADMINISTRATION HAS 7
DESIGNATED CLASS IV OR GREATER. 8
(2) (I) EACH RAILROAD COMP ANY SHALL INSTALL , MAINTAIN, 9
REPAIR, AND OPERATE EACH WAY SIDE DETECTOR SYSTEM IN ACCORDANCE WITH 10
ALL APPLICABLE GUIDE LINES AND REGULATION S ADOPTED BY THE FED ERAL 11
DEPARTMENT OF TRANSPORTATION . 12
(II) A RAILROAD COMPANY SHA LL REMOVE AND REPLAC E AN 13
EXPIRED, BROKEN, OR OBSOLETE WAYSIDE DETECTOR SYSTEM OR P ART OF A 14
WAYSIDE DETECTOR SYS TEM. 15
(III) A RAILROAD COMPANY SHA LL PLACE EACH WAYSID E 16
DETECTOR SYSTEM AT A N APPROPRIATE DISTAN CE, AS DETERMINED BY THE 17
COMMISSIONER , FROM OTHER WAYSIDE D ETECTOR SYSTEMS AN D AT A LOCATION 18
THAT WILL ALLOW A TR AIN OPERATOR SUFFICI ENT TIME TO: 19
1. RESPOND TO AN ALERT RECEIVED FROM THE 20
WAYSIDE DETECTOR SYS TEM; 21
2. IF NECESSARY, STOP THE TRAIN, ROLLING STOCK , OR 22
ON–TRACK EQUIPMENT ; AND 23
3. IF NECESSARY , MAKE REPAIRS O R REMOVE 24
EQUIPMENT THAT IS FO UND BY THE TRAIN OPE RATOR TO BE DEFECTIV E. 25
(3) (I) EACH RAILROAD COMPANY SHALL ESTABLISH WRIT TEN 26
POLICIES AND TRAININ G REQUIREMENTS FOR T HE RAILROAD COMPANY ’S 27
EMPLOYEES FOR : 28
1. MONITORING FOR ALERT S FROM WAYSIDE DETEC TOR 29
SYSTEMS; AND 30
2. RESPONDING TO ALERTS RECEIVED FROM WAYSID E 31
DETECTOR SYSTEMS . 32 SENATE BILL 855 5
(II) A RAILROAD COMPANY SHA LL MONITOR THE RESPO NSE OF 1
THE RAILROAD COMPANY ’S EMPLOYEES TO ALERT S RECEIVED FROM WAYS IDE 2
DETECTOR SYSTEMS AND TAKE APPROPRIATE ACT IONS IF AN EMPLOYEE FAILS TO 3
TAKE THE REQUIRED CO URSE OF ACTION . 4
(D) THE COMMISSIONER SHALL ES TABLISH A PROCESS FO R CERTIFYING 5
THAT EACH RAILROAD C OMPANY HAS INSTALLED WAYSIDE DETECTOR SYS TEMS ON 6
TRACKS IN THE STATE AS REQUIRED UND ER SUBSECTION (C) OF THIS SECTION. 7
(E) (1) THE COMMISSIONER SHALL IN VESTIGATE ALLEGED VI OLATIONS 8
OF THIS SECTION. 9
(2) (I) IF THE COMMISSIONER DETERMIN ES THAT A RAILROAD 10
COMPANY HAS VIOLATED THIS SECTION OR VIOL ATED REGULATIONS ADO PTED BY 11
THE COMMISSIONER UNDER TH IS SECTION, THE COMMISSIONER SHALL IS SUE A 12
WRITTEN REPORT TO TH E RAILROAD COMPANY : 13
1. DETAILING THE REASON S FOR FINDING THAT A 14
VIOLATION HAS OCCURR ED; AND 15
2. ORDERING THE RAILROA D COMPANY TO CORRECT 16
THE VIOLATION WITHIN 60 DAYS AFTER THE REPOR T IS ISSUED. 17
(II) IF THE COMMISSIONER ISSUES A REPORT UNDER 18
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE COMMISSIONER SHALL SU BMIT THE 19
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 20
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 21
(F) (1) A RAILROAD COMPANY THAT FAILS TO CORREC T A VIOLATION 22
WITHIN 60 DAYS AFTER ISSUANCE OF A REPORT BY THE COMMISSIONER UNDER 23
SUBSECTION (E) OF THIS SECTION IS S UBJECT TO A CIVIL FI NE NOT EXCEEDING 24
$10,000 TO BE ASSESSED BY TH E COMMISSIONER . 25
(2) EACH DAY THAT THE PER SON FAILS TO CORRECT A VIOLATI ON 26
AFTER THE 60–DAY PERIOD SHALL CON STITUTE A SEPARATE V IOLATION. 27
(G) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 28
SECTION. 29
5.5–113.1. 30
(A) IN THIS SECTION, “AUTHORIZED RAILROAD UNION REPRESENTATIVE ” 31 6 SENATE BILL 855
MEANS AN INDIVIDU AL SELECTED BY THE H EAD OF A LABOR UNION WHOSE 1
MEMBERS ARE EMPLOYED TO WORK IN THE STATE BY A RAILROAD C OMPANY. 2
(B) (1) A RAILROAD COMPANY SHA LL ALLOW AUTHORIZED RAILROAD 3
UNION REPRESENTATIVE S FOR EACH UNION REP RESENTING THE RAILRO AD 4
COMPANY’S EMPLOYEES REASONABLE ACCESS TO ALL PROPERTY OWNED O R 5
LEASED BY THE RAILRO AD COMPANY FOR THE P URPOSE OF INVESTIGAT ING: 6
(I) VIOLATIONS OF FEDERA L OR STATE LAWS AND 7
REGULATIONS ; AND 8
(II) SAFETY HAZARDS THAT MAY RESULT IN INJURY OR DEATH 9
TO A RAILROAD EMPLOY EE OR BE CONSIDERED A TH REAT TO PUBLIC SAFET Y. 10
(2) IF AN AUTHORIZED RAIL ROAD UNION REPRESENT ATIVE IS 11
CONDUCTING AN INVEST IGATION DESCRIBED UN DER PARAGRAPH (1) OF THIS 12
SUBSECTION, THE RAILROAD COMPANY : 13
(I) SHALL ALLOW THE AUTH ORIZED RAILROAD UNIO N 14
REPRESENTATIVE TO TA KE PHOTOGRAPHS AND I NVESTIGATE RAILROAD PROPERTY 15
TO THE EXTENT NECESS ARY TO ENSURE COMPLI ANCE WITH FEDERAL AN D STATE 16
LAWS AND REGULATIONS ; AND 17
(II) MAY NOT ALLEGE THAT THE AUTHORIZED RAILR OAD UNION 18
REPRESENTATIVE IS TR ESPASSING ON R AILROAD PROPERTY . 19
(3) A RAILROAD COMPANY SHA LL BE SOLELY RESPONS IBLE FOR THE 20
ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23